High Court in Kiambu Suspends TSC’s Controversial Social Media Circular Targeting Teachers
The High Court in Kiambu has stopped the Teachers Service Commission from enforcing a circular that sought to control how teachers conduct themselves on social media, delivering a win for teachers who felt the new rules were an overreach into their personal lives.
The ruling was made on Friday, August 21, by Justice Francis Nyungu Kyambia, who issued conservatory orders suspending the implementation of the disputed circular with immediate effect as a case challenging it makes its way through court. The orders will remain in force pending the full hearing and determination of the petition.
The case was brought by a teacher who is being shielded from public identification for legal reasons. In the petition, the teacher argues that the circular is unconstitutional, null and void, claiming that it introduces vague standards that would give TSC excessive room to decide what counts as prohibited expression and to hand out disciplinary consequences at will.
The circular in question, Circular No. 14/2026, was issued by TSC on August 13 and addressed to all regional directors, county directors and teachers across the country. In it, the commission cited a rise in cases of cyberbullying, harassment, intimidation and the spreading of offensive content online, warning that any teacher found engaging in such conduct on social media would face disciplinary action under the TSC Act, the Code of Regulations for Teachers, and other relevant laws, including administrative sanctions.
Speaking on the matter earlier, Acting TSC CEO Evaleen Mitei said the commission had noted a growing number of cases where teachers were allegedly behaving unprofessionally on social media. She stated that as public officers, teachers are expected to carry themselves in a manner that upholds the dignity of the teaching profession, whether in person or online.
Following the court’s intervention, Justice Kyambia also directed TSC, Education Cabinet Secretary Julius Migos, the Principal Secretary for Basic Education, and the Attorney General to file and serve their responses to the petition, setting the stage for a fuller legal battle over how far the commission can go in regulating teachers’ online conduct.
For now, teachers across the country can continue using social media without fear of facing sanctions under the suspended circular, at least until the court makes a final determination on whether TSC’s directive violates their constitutional rights.
